SHERI POLSTER CHAPPELL, District Judge.
This matter is before the Court on Interpleader Plaintiff Federated Life Insurance Company's Unopposed Motion for Entry of Default Judgment Against Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Murl Long (Doc. #49) filed on February 17, 2015. As the motion is unopposed, it is ripe for review. (
Federated Life filed this statutory interpleader action on September 30, 2014, to resolve potential competing claims to two life insurance policies (the "Policies") that insured the life of decedent Randy Murl Long. (Doc. #1). Federated Life served the Summons and Complaint on Defendant Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Murl Long (the "Trustee"). (Doc. #13). The Trustee, however, failed to answer or otherwise defend against the Complaint in accordance with the Federal Rules of Civil Procedure.
On November 24, 2014, Federated Life filed an Amended Complaint for Interpleader. (Doc. #20). That same day, the Trustee accepted service of the Amended Complaint via electronic mail. (Doc. #49 at ¶ 5; Doc. #49-2 at 2). The Trustee also indicated to Federated Life's counsel that the Estate of Randy Murl Long had no interest in the Policies and requested Federated Life to move for entry of default judgment against the Trustee. (Doc. #49 at ¶ 5; Doc. #49-2 at 1-4). Thus, when the Trustee again failed to answer or otherwise defend against this action, Federated Life moved for a clerk's default. (Doc. #32). The Court granted the motion (Doc. #47), and the Clerk issued an Entry of Default (Doc. #48).
Before the Entry of Default Judgment, Federated Life filed a Motion to Deposit Insurance Policy Proceeds and For Discharge, which Defendants did not oppose. (Doc. #24). Having found interpleader to be appropriate, the Court directed Federated Life to deposit the proceeds of the Policies, plus accrued applicable interest, into the Court's Registry. (Doc. #35 at 5, 7). The Court also stated it would discharge Plaintiff from this action upon receiving Plaintiff's deposit. (
In accordance with the Court's Order, Federated Life timely deposited the proceeds of the Policies, plus applicable interest, into the Court's Registry. (Doc. #37; Doc. #38; Doc. #39). The Court took Federated Life's deposit under advisement and advised that it would discharge Federated Life from this action after the matter of a default judgment against the Trustee had been resolved. (Doc. #51 at 2).
Rule 55 of the Federal Rules of Civil Procedure establishes a two-step procedure for obtaining default judgment. First, when a defendant fails to plead or otherwise defend a lawsuit, the clerk of the court must enter a clerk's default against the defendant.
An entry of a clerk's default does not per se warrant an entry of default judgment. Rather, a court may enter a default judgment only if "the well-pleaded allegations in the complaint, which are taken as true due to the default, actually state a substantive cause of action and that there is a substantive, sufficient basis in the pleadings for the particular relief sought." Tyco Fire & Sec., LLC v. Alcocer, 218 F. App'x 860, 863 (11th Cir. 2007). In considering a motion for default judgment, courts must "examine the sufficiency of plaintiff's allegations to determine whether the plaintiff is entitled to" relief. PNC Bank, N.A. v. Starlight Props. & Holdings, LLC, No. 6:13-cv-408, 2014 WL 2574040, at *1 (M.D. Fla. June 9, 2014) (citation omitted).
To date, the Trustee has not plead or otherwise responded to Complaint for Interpleader or Amended Complaint for Interpleader.
Accordingly, it is now